LEGT1710 Week 3 Lecture

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Unformatted text preview: ry estoppel will allow a promise to be enforced even though the promisee has not provided good consideration for that promise • It operates where it would be inequitable, or unconscionable, for the promisor not to be held to their promise • You can’t go back on your word! • See Latimer at ¶5-485 47 • Cases: Central London Property Trust Ltd v High Trees House Ltd Legione v Hateley Waltons Stores (Interstate) Ltd v Maher See Latimer at ¶5-485 48 Promissory estoppel Promissory estoppel Brennan J’s (Waltons v Maher) six-point test for when the promisor cannot go back on his/her word: • Promisee (Maher = P) assumes existence of particular legal relationship • Promisor (Waltons = D) responsible for this assumption • Promisee acted/did not act in reliance on that assumption • Promisor knew what promisee would do or intended for promisee to act in this way • Promisee will suffer loss or some detriment or harm if the assumption/expectation is not fulfilled • Promisor did not take any steps to warn promisee s/he may not fulfil expectation etc “The central principle of the doctrine is that the law will not permit an unconscionable – or, more accurately, unconscientious – departure by one party from the subject matter or an assumption which has been adopted by the other party as the basis of some relationship, course of conduct, act or omission which would operate to the other party’s detriment if the assumption be not adhered to…”. Deane J in Commonwealth of Australia v Verwayen [1990] HCA 39 See Latimer at ¶5-485 See Latimer at ¶5-485 49 49 Next week’s lecture Contract Law (continued): • Intention to create legal relations • Terms of a contract • Conditions and warranties • Exclusion clauses • Please read: Latimer Ch 6, ¶6-010 to ¶6-250 • DO NOT MISS TUTORIALS ON THIS TOPIC! 51 50...
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This note was uploaded on 03/11/2014 for the course LEGT 1710 taught by Professor Leena during the Three '10 term at University of New South Wales.

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